Abandoned vehicles in England & Wales

Abandoned vehicles and their effect

Abandoned vehicles have a negative effect on the quality of the local environment as they:

Attract vandalism and rubbish

Can be the result of crime

Can be the means to commit a crime

Can produce a risk of explosion and injury

There are a number of common causes as to why people abandon vehicles, such as the following:

Vehicles no longer have the same scrap value as in the past, so owners must pay to have them taken away and scrapped

The fine for unlicensed and untaxed vehicles is often greater than their value, and so drivers simply abandon them

Vehicles used for crime are often abandoned once the crime has been committed

How to distinguish an abandoned vehicle

A vehicle is only abandoned when the authorised local authority officer decides that it has been left without lawful authority, and is, in their opinion, in such a condition that it should be destroyed. The following questions may help inform a decision of abandonment:

Does the vehicle have a number plate?

Is the vehicle untaxed?

Is there a record of the current vehicle keeper on the DVLA record?

Are the tyres flat?

Is there litter piling up or weeds growing around the car, indicating that it has not been moved for some time?

Is there waste in the car e.g. tyres?

Are the brake discs rusty?

Is the windscreen or are any windows broken?

Is there mould inside or on the outside of the vehicle?

Do local residents, businesses etc. know how long the vehicle has been there?

Nuisance vehicles, e.g. those that are poorly parked, broken down or causing an obstruction, are not necessarily abandoned; however, significant steps can be taken to address this situation. Over 90% of nuisance vehicles in London are being removed as part of the Home Office funded Scrap-It Programme, managed by the Association of London Government.

Responsibility for the removal of cars

It is the responsibility of the relevant waste collection authority, usually the local authority, to remove abandoned and nuisance vehicles on public land.

This is done in conjunction with the police and the Driver Vehicle Licensing Agency (DVLA).

Community Support Officers also have the power to require the removal of abandoned vehicles.

Removal

The local authority has a duty under the Refuse Disposal (Amenity) Act 1978 to remove any vehicle abandoned on land in the open air or land part of a highway. If the land on which the abandoned vehicle is located is occupied, the local authority must give the occupier 15 days' notice that they propose to remove the vehicle. The local authority is not entitled to remove the vehicle if the occupier objects to the proposal within the 7 days. The local authority can remove the vehicle if it has not been removed by the occupier after 7 days, or if the occupier gives them permission to remove it (e.g. if the vehicle was abandoned without their consent).

Storage and tracing the owner

If the vehicle is not to be destroyed, it can be put in storage to prevent it being vandalised, while efforts are made to trace the owner.

An owner, who can be traced, is liable for removal and disposal costs.

Disposal

If the vehicle is considered to be of some value, the local authority must give the owner seven days' notice of their intention to dispose of the vehicle.

If, however, the vehicle is not considered to be of any value, and they feel it is only fit for destruction, they do not have to give notice to the owner before disposing of the vehicle.

A vehicle can be destroyed immediately, where a vehicle has neither:

a registration plate; or

any licence, whether current or expired.

The vehicle can only be destroyed immediately, if both conditions are present.

Action taken for an abandoned car

Abandoning a vehicle on any land in the open air, or any other land forming part of a highway, is a criminal offence under Section 2 of the Refuse Disposal (Amenity) Act 1978. It is punishable by a maximum fine of £2,500 and/or three months in prison. The owner of an abandoned vehicle that is removed, stored and or destroyed by the local authority, is liable for the storage or disposal costs. The local authority, instead of prosecuting, issue a fixed penalty notice for £200 to the owner.

The courts also have the power to disqualify a defendant from holding a driving licence where he or she has committed a relevant offence, in this case, abandoning their vehicle. Disqualification can be instead of, or as well as, dealing with the defendant in another way.

Lastly, an abandoned vehicle, once it has reached the end of its useful life, can also be classified as 'hazardous waste', thus also making the action of abandoning such a vehicle an offence under Section 33 of the Environmental Protection Act 1990.

Abandoned vehicles in Scotland

In Scotland, any vehicles that are clearly abandoned become the responsibility of the local authority in which the vehicles are located. The law governing the removal of vehicles is contained in the Road Traffic Regulation Act 1984, the Refuse Disposal (Amenity) Act 1978 and the Removal and Disposal of Vehicle Regulations 1986. Under the 1986 regulations, the police have the power to remove immediately any vehicle which is left in breach of local traffic regulation orders, or is causing an obstruction, or is likely to cause a danger.

The recently introduced Removal and Disposal of Vehicles Amendment (Scotland) Regulations 2002 have reduced the period of notice prescribed by the 1986 regulations to 24 hours where a vehicle is in such a condition it ought to be destroyed, and reduced the period of vehicle custody by local authorities to 7 days.

As in England, it is also a criminal offence under the Refuse Disposal Amenity Act 1978 to abandon a vehicle in Scotland.

Abandoned vehicles in Northern Ireland

District councils are responsible for investigating complaints concerning abandoned vehicles, and these are dealt with by their Environmental Health Departments under the Pollution Control and Local Government (Northern Ireland) Order 1978, which stipulates provisions for the removal and proper disposal of abandoned vehicles. The council has the power to prosecute persons who abandon vehicles.

The collection and disposal of such vehicles has been carried out on a regional basis, with councils continuing to be responsible for investigations and notifications.

Where abandoned motor vehicles have been identified, they are removed for disposal under a seven-day notice procedure.

In the event that an owner is subsequently identified, they are held responsible for all costs associated with the removal of the vehicle.